This page connects the concerns raised in this report with statements found in recipients’ published responses. A link shows a clear evidence connection; it does not assign responsibility.
On 1 August 2019, I commenced an investigation into the death of Eliot Peter Burton, aged 15. The investigation concluded at the end of the Inquest on 30 April 2021. The conclusion of the Inquest was misadventure due to drowning.
Circumstances of the death
On Monday 29 July 2019, Elliot Peter Burton, aged 15, was found drowned on the site of Yorkshire Hydropower Limited, known as the Kirkthorpe Hydroelectric Plant, located on the river Calder, near Normanton, West Yorkshire.
CCTV records show Elliot had entered the unmanned site as a trespasser on the morning of Thursday 25 July 2019. As he wandered around the site, he slipped and fell into the water at approximately 10.30 am at the section referred to as the outlet channel.
The smooth tall concrete sides of this enclosure would have prevented him climbing out. He was unable to swim and so would probably have been unable to reach the escape ladder in the corner of the enclosure, even if he was aware of its position. There was no one on site to hear him or effect a rescue.
Coroner’s concerns
1. The site is always unmanned. It is located in a remote area
2. It is known that in the years 2018-2021, young people have trespassed onto the site.
3. There are deep uncovered channels on the site to conduct water through the facility. It is foreseeable that a trespasser would be in a precarious situation if they were to fall into the water, as Elliot Burton did. Many of the channels are uncovered, and /or have no edge protection.
4. Despite perimeter fencing, it is known that one route for children to gain entry to the site is by crossing the River Calder at the Kirkthorpe weir adjacent to the site. There are few, if any impediments to prevent access to the weir from the river bank opposite the site.
5. Despite the passage of some 21 months since Elliot Burton’s death, little effective action has been taken to reduce the risk of children being harmed if they are tempted to trespass on this site.
Concerns and recipient responses
Select any concern, action or position to view the source wording.
Report evidence summary
Concerns raised5
Lack of on-site supervision at a remote site
Insufficient prevention of access to the site via the adjacent weir
Failure to take effective action to reduce the risk of harm from child trespass
Responses linked to these concerns
Each statement is shown once, even when linked to more than one concern.
Actions described in response An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.16
Action
Conduct post-construction reviews and further feasibility assessments to evaluate the implemented measures and identify additional safety improvements.
Stated byWakefield City CouncilStated plannedThe respondent said that this action was planned when they made their response on 4 May 2021.
Action
Maintain and replace prominent danger signage, including emergency-location information, around the weir and water’s edge.
Stated byWakefield City CouncilStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Action
Continue scheduled manned security inspections at Kirkthorpe Weir and extend the inspection regime to other accessible water sites across the district.
Stated byWakefield City CouncilStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Action
Progress detailed design, approvals, procurement and construction of a physical riverside barrier protecting the Yorkshire Hydro Plant perimeter.
Stated byWakefield City CouncilStated in progressThe respondent said that this action was in progress when they made their response on 4 May 2021.
Action
Develop and procure approximately 300 metres of west-bank fencing with robust signage, conservation information boards and a safe viewing platform.
Stated byWakefield City CouncilStated in progressThe respondent said that this action was in progress when they made their response on 4 May 2021.
Action
Revise the west-bank risk assessment and erect fenced barriers to restrict access to the weir and water’s edge.
Stated byWakefield City CouncilStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Action
Continue engaging with Yorkshire Hydropower Limited and Wakefield Metropolitan District Council to address shared risks and implement appropriate control measures at Kirkthorpe Weir.
Stated byCanal & River TrustStated in progressThe respondent said that this action was in progress when they made their response on 4 May 2021.
Action
Support procurement and continue necessary design and procurement input while facilitating construction of the riverside barrier.
Stated byYorkshire Hydropower LimitedStated in progressThe respondent said that this action was in progress when they made their response on 4 May 2021.
Action
Install galvanised steel fans and associated fencing to block access routes around the outlet channel, fish pass, downstream outlet and escape ladder.
Stated byYorkshire Hydropower LimitedStated plannedThe respondent said that this action was planned when they made their response on 4 May 2021.
Action
Add fence returns, mesh infills, warning signs, internal barriers, secure gates and practicable channel covers to deter unauthorised access.
Stated byYorkshire Hydropower LimitedStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Action
Install a hinged, lockable plate on the penstock-actuator access ladder to prevent unauthorised climbing.
Stated byYorkshire Hydropower LimitedStated plannedThe respondent said that this action was planned when they made their response on 4 May 2021.
Action
Review the summer manned-security presence for deterrence, incidents, guard safety, operating times and interaction with other measures.
Stated byYorkshire Hydropower LimitedStated plannedThe respondent said that this action was planned when they made their response on 4 May 2021.
Action
Enhance CCTV coverage and resolution, monitor it continuously, and improve the PA system for remotely issued trespass warnings.
Stated byYorkshire Hydropower LimitedStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Action
Commission a detailed options report and develop an agreed design for a barrier at the weir and sluice-gate interface.
Stated byYorkshire Hydropower LimitedStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Action
Trial a manned security presence daily from 10am to 8pm during summer months.
Stated byYorkshire Hydropower LimitedStated in progressThe respondent said that this action was in progress when they made their response on 4 May 2021.
Action
Extend the screen-walkway access, relocate the existing end handrail and fit additional mesh decking over the screenings-channel end.
Stated byYorkshire Hydropower LimitedStated in progressThe respondent said that this action was in progress when they made their response on 4 May 2021.
Respondent positions A position is what a recipient says about a concern when it does not describe a specific action.11
Position
Physical safety measures are constrained by the weir’s listed status, required planning approvals, ecological considerations and the need to protect habitats.
Stated byWakefield City CouncilUnable to actThe respondent said that a constraint prevented them from taking the relevant action.
Position
Some proposed river barriers were rejected because their designs could create foreseeable risks or fail in flood conditions.
Stated byWakefield City CouncilUnable to actThe respondent said that a constraint prevented them from taking the relevant action.
Position
Construction timing is constrained by river conditions, including a requirement not to undertake works during flooding.
Stated byWakefield City CouncilUnable to actThe respondent said that a constraint prevented them from taking the relevant action.
Position
The Canals and Rivers Trust is responsible for upkeep and maintenance of its weir structure and the waterway.
Stated byWakefield City CouncilRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Position
The Yorkshire Hydro Plant owners are responsible for security and perimeter management of their leased plant, buildings and operational area.
Stated byWakefield City CouncilRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Position
Operational and safety decisions, including preventing recurrence, are the responsibility of Yorkshire Hydropower Limited rather than Foresight.
Stated byForesight GroupRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Position
Foresight disputes having controlled Yorkshire Hydropower Limited’s operations or constrained its director’s decisions regarding site safety.
Stated byForesight GroupDisputes the concernThe respondent disagreed with part of the concern or the basis for it.
Position
Responsibility for installing deterrent fencing on land not owned or managed by the Trust rests with WMDC and other involved parties.
Stated byCanal & River TrustRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Position
Covering the channels is not reasonably practicable because flooding, debris, maintenance access and potential escape hazards would introduce greater risks.
Stated byYorkshire Hydropower LimitedUnable to actThe respondent said that a constraint prevented them from taking the relevant action.
Position
The weir and sluice gates are not owned or controlled, and unilateral action to install barriers there is outside the authority available.
Stated byYorkshire Hydropower LimitedOutside remitThe respondent said that this matter was outside its role or authority.
Position
Wakefield Metropolitan District Council leads construction of the barrier at the weir and sluice gates through completion.
Stated byYorkshire Hydropower LimitedRedirects responsibilityThe respondent said that another organisation was responsible for deciding or taking action.
Other statements in published responses
These actions and other statements could not be clearly connected to one concern in this report.
Recipient-stated actions An action is something a recipient says it has done, is doing, or plans to do in response to a concern raised.6
1
Link water-safety policies and procedures across still and flowing water sites to identify improvements and make recommendations for safety interventions.
Stated byWakefield City CouncilStated in progressThe respondent said that this action was in progress when they made their response on 4 May 2021.
2
Provide directors and prospective directors with IOSH-recognised training on legal, commercial, operational and health-and-safety duties.
Stated byForesight GroupStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
3
Continue delivering water-safety education and outreach through school resources, safety videos, school communications, digital sessions and regional sessions for children.
Stated byCanal & River TrustStated in progressThe respondent said that this action was in progress when they made their response on 4 May 2021.
4
Provide priority statutory responses to planning applications affecting Kirkthorpe Weir and navigation.
Stated byCanal & River TrustStated plannedThe respondent said that this action was planned when they made their response on 4 May 2021.
5
Maintain liaison with local emergency services as an unauthorised-access safety measure.
Stated byYorkshire Hydropower LimitedStated in progressThe respondent said that this action was in progress when they made their response on 4 May 2021.
6
Complete a detailed review of known trespass routes with an external health and safety adviser.
Stated byYorkshire Hydropower LimitedStated completedThe respondent said that this action was complete when they made their response on 4 May 2021.
Pin
Get email alerts
Request correction
Information checked against the published report and official responses